Fate of Milwaukee paid sick days ordinance to be decided in WI Supreme Court

Milwaukee’s paid sick days law is receiving national attention as the justices on Wisconsin’s Supreme Court prepare to take the case.

The ordinance, passed in November 2008 by a 69% majority, would allow workers to earn a minimum of one hour of paid sick time for every 30 hours worked. This means up to 5 days for full time workers in small businesses (>10 people) and up to 9 days for workers employed in larger companies.

The challenge to the bill was brought by the Metropolitan Milwaukee Association of Commerce (MMAC). And what specifically is the MMAC challenging?

Instead of going after the content of the bill (which was supported by 2/3 of voters), they are arguing a procedural issue. More specifically, their challenge questions whether the ordinance was specific enough to comply with the statutory requirement that it contain “a concise statement of [the ordinance’s] nature.” Their argument is that the law is overly broad because it includes this clause:

“Absence necessary due to domestic abuse, sexual assault or stalking”

Right. So why is this? Does the MMAC have a compelling interest in ensuring WIS. STAT. 9.20(6) is enforced correctly? Or perhaps they feel it is inappropriate for workers (mostly women) suffering from domestic violence and sexual assault to take time away from work without penalty. Probably neither.

 

So why doesn’t the MMAC just go after the content of the ordinance instead of using procedural tricks to skirt the real issue? Because it is the only way they could get it to court. Keep in mind, the voters of the Milwaukee were asked:

“Shall the City of Milwaukee adopt Common Council File 080420, being a substitute ordinance requiring employers within the city to provide paid sick leave to employees?” YES or NO

Their response was an overwhelming ‘yes’.

 

In the free market of ideas, the citizen initiative represents the will of the people and the MMAC shouldn’t stand in its way.

The Supreme Court has yet to set a date to hear the bill. Stay tuned for updates.

Full text of the ordinance

The benefits of the Healthy Families Act

A report released today by the Joint Economic Committee (JEC) estimates the impact of the Healthy Families Act, which would provide workers in businesses with 15+ employees a minimum paid sick leave requirement of seven days per year.

The estimates:

  • As a result of the Healthy Families Act, at least 30.3 million additional workers would have access to paid sick leave.

  • Almost half of the increased access to paid sick leave (14.7 million additional workers) would accrue to workers in the bottom wage quartile;

  • Nearly half (13.3 million workers) of the increased access to paid sick leave would accrue to women workers; and,

  • Almost one-third of the increased access to paid sick leave would accrue to minority workers, including 3.9 million additional African-American workers and 5.6 million additional Latino workers.

The Healthy Families Act would also significantly expand access to paid sick leave for workers in professions with critical public health implications. For instance, 5.9 million additional food service and preparation workers would have access to paid sick leave due to the Healthy Families Act.

Read more from the JEC website | Find more information on the Healthy Families Act from EOI

Paid sick days can help heal our families — and our economy

ShareThere are millions of working moms like Eva. Unable to find a job and kicked off welfare, she sells her food stamps to buy basic necessities. She is inches from losing her meager living in the middle of the worst recession in decade — and a lack of paid sick days contributed to her downward economic spiral:

After two years at the wholesale company, Eva woke up one morning to find that her younger daughter had a high fever and her asthma had flared up. Eva called into work and rushed to the hospital early that morning “just to make sure she was okay.” When she got to the job in the afternoon after dropping the girl at home with her mother, tired from a long day in the emergency room, Eva found that she was being fired.

The Human Recession

is a “don’t turn away” look at life on the edge in today’s economy — one story among many that illustrates why we need new public policies that ensure no one has to choose between keeping their job and caring for their family.

 

To learn more about how paid sick days help protect economic security for working families during tough economic times, check out out this fact sheet from the National Partnership for Women and Families.